Assault & Battery

If you have been accused of assault or battery, the criminal defense legal team at Gardi, Haught, Fischer & Bhosale LTD and our experienced criminal defense attorneys can successfully help guide you through the court process.

What Is a Battery?

In Illinois, a battery is the unlawful touching of one person by another. But what kind of touching? Well, it means almost any contact, no matter how slight, unless it’s with the other person’s permission. So, a handshake, a hug, a slap on the back, a kiss, or a romantic encounter are all considered acceptable and legal contacts as long as these meet with the approval of the other party.

But touching that is okay in one setting may be a crime in another. A pat on the rear end is fine if you’re a football player in the locker room or it involves your partner. But do the same on the CTA bus with another passenger, and you’ll likely be arrested. Slap a friend on the back to congratulate him for a job well done, and all is well. But do the same to a stranger at the grocery store, and the security officer may soon hold you until the Schaumburg Police arrive.

Under our Illinois law, found at 720 ILCS 5/12-3, a battery is described as a touching involving one of two distinct circumstances: harmful and insulting or provoking contact.

Battery Involving Bodily Harm

Watch any police or criminal defense lawyer television show, and you’ll quickly get the general idea that a battery involves hurting someone else. But most people think that a battery must cause serious harm to the other person, causing them to bleed, bruise, get a black eye, or send them to the hospital. It’s true that all of these things are batteries because whenever you seriously hurt another person, this type of conduct always qualifies as a battery.

Under the law in Illinois, if harmful contact or bodily harm is alleged, it’s not necessary to show permanent or serious harm. If a victim tells the prosecutor or judge that it hurt when the contact was made, and they are believed, then this will likely satisfy the requirement of bodily harm or harmful contact. There are many batteries that don’t leave permanent damage or hurt for long. Even if it only hurt momentarily, it will likely be sufficient to prove that a battery occurred.

If you’ve been accused of battery and need top-notch protection, contact us to speak with one of our experienced criminal defense lawyers today at (847) 944-9400.

Can a Battery Happen Without Touching?

You don’t even have to touch the other person directly. As long as the judge believes that you intentionally or recklessly set events in motion that ended up causing harmful contact with the victim, it will be sufficient.

Some examples of a battery that do not involve any direct contact include:

• Spitting on another person
• Throwing an object (any object – we once had a client who threw a burrito at someone from a motorcycle)
• Hitting someone with a car on purpose
• Striking glass with a hand or an object and then the victim being hit by glass shards
• Recklessly shooting a bullet up in the air

Battery Involving Insulting or Provoking Contact

Surprisingly, a battery doesn’t even need to hurt most people! Under Illinois law, a battery can either result from bodily harm or from what is called “physical contact of an insulting or provoking nature” with another person. The whole crime of battery is premised on the concept that people need to leave other people alone (many other crimes are based on this premise as well, from disorderly conduct to sex offenses). People don’t like to be bothered by others, and nobody likes to be hurt, insulted, or provoked.

So almost anything can potentially be a battery as long as a touching occurs (or, as explained previously, an object touching another person) and the victim reasonably feels insulted or provoked by the contact.

Some examples might include:

• Poking someone lightly on the shoulder to make a point
• Pushing someone’s hand away
• Throwing papers at another in frustration
• Splashing water onto another

The possibilities of what may be considered provoking or insulting to another are endless. The key, however, is that the victim’s feelings must be reasonable under the particular circumstances. Anyone can say that they were offended by anything they wish. But it’s not fair for a person to be found guilty of a crime by a court just because someone says they were offended; a judge needs to decide about this.

Many physical acts are insulting or provoking, such as spitting on another. Virtually no judge would dispute that such feelings would be valid. But what if the defendant took one of the victim’s McDonald’s French fries and intentionally dropped it on his shoe? It would be physical contact, that’s true. But even if the victim swore to the Judge that the act was insulting, provoking, and upsetting him, is a Judge obligated to accept his feelings as reasonable? No. Maybe the Judge will agree with him and find the defendant guilty, and perhaps the judge will not. Each case is different.

Is it a Battery if it’s an Accident?

Contact that is truly accidental isn’t a battery, though. If you accidentally step on someone’s toe while waiting in line at the DMV, it’s just an accident, even if it hurts a lot. If you quickly turn around with scissors in your hand and accidentally stab someone seriously, it’s probably still just an accident, even though the injury may even be life-threatening. That’s why people are not charged with a battery when they have a car accident. It’s just an accident. Even if someone is killed in a car accident, the driver may get a ticket for improper driving, but they shouldn’t usually get charged with a battery or other criminal case.

Is it a Battery if it’s Done Recklessly?

But remember that this differs from a situation where the defendant acted recklessly. Acting recklessly means that the defendant is doing something they knew or should have known was likely to cause harm to another. So, in the example of shooting a bullet up in the air to celebrate, no one can predict where the bullet might come down. They certainly weren’t purposely shooting the bullet in the hopes of it striking someone. But was this a reckless act that the shooter should have known could very well end up injuring someone? Absolutely. As a result, if an injury occurred, some judges might find such a person guilty of battery or reckless conduct (or worse).

In the case of that person who injured (or killed) someone in a car accident, what if the driver was driving crazy, weaving in and out of traffic at high speeds while smoking Cannabis? A judge might decide that this person was guilty of more than mere traffic violations and had committed battery, reckless driving, or reckless homicide under such circumstances, as a reasonable person would have known that something terrible would likely happen by doing that. Every case is different.

So, batteries that hurt and those that are just insulting are both still batteries. They’re equal under the eyes of the law, and whether in Schaumburg or any other city in Illinois, the crime is a Class A misdemeanor that’s punishable by up to a year in jail and up to $2500 in fines.

Have You Been Accused of Assault & Batter in Schaumburg, IL?

Contact Gardi, Haught, Fischer & Bhosale LTD to speak with one of our seasoned Assault & Battery Criminal Defense Lawyers for a FREE consultation by calling (847) 944-9400.

What Is an Assault?

In addition to battery, the Illinois statutes also define a separate offense called “assault.” Assault in Illinois is defined under 720 ILCS 5/12-1 as intentionally causing another person to fear that they will be the victim of a battery.

This means that assault doesn’t involve actual physical contact like battery does. Instead, it’s about intentionally creating a reasonable fear in another person that they are about to be harmed.

The critical elements of assault are:

The defendant’s intent: The defendant must have the intent to put the victim in fear of an imminent battery.

Reasonable fear: The victim must reasonably believe that they are about to be the victim of a battery.

An overt act: There must be some overt act by the defendant that reasonably causes the victim to fear a battery.

Assault is typically charged as a Class C misdemeanor in Illinois, resulting in a jail sentence of up to 30 days and fines of up to $1,500.

Assault and battery are related but distinct offenses. While battery involves actual physical contact, assault is about creating the fear of such contact in another person’s mind.

If you have been accused of assault or battery in Schaumburg, Illinois, it’s essential to consult with an experienced criminal defense attorney who can assess your case, explain your rights, and help you navigate the legal process. A criminal defense attorney can guide you on building a defense strategy and represent your interests in court if necessary.

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